Legal Question in Wills and Trusts in California

Estates

My Grandfather passed in Illinois in 2002. He left a will that appointed my father, both, executor and primary beneficiary. Because he lives in California, he hired an attorney in Illinois to take the Estate through probate and close the Estate. My father was appointed as Executor and the Estate was closed in February of 2008. The other two beneficiarys were paid but my father still has not received his money, which comprise most of the Estate. The Bank says that the attorney followed the wrong procedure and they refuse to distribute the money to him personally, as the cheif beneficiary, claiming that they can only distribute the rest of the money to the Estate. However, the Estate has been closed by order of the Court. They state that my father must reopen an Account in the name of the former Estate and then they will distribute the money. As this point they will only send a check payable to the Estate in Care of my Father. My questions are: how is my father going to cash the check that is written in the name of a closed Estate? Can he reopen the Estate? Does he have to go through probate again?


Asked on 3/05/08, 8:46 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Estates

Yes he can reopen the estate. He should contact the lawyer and get it done.

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Answered on 3/06/08, 1:00 pm


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